Suing for Punitive Damages in Ogden

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Litigation Lawyers in Ogden

In Ogden, Utah, civil litigation is not meant to punish wrongdoers, at least that is not its primary purpose. Rather, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

Of course, there are exceptions to this rule. In Ogden, Utah, courts will, in relatively rare cases, require defendants to pay plaintiffs sums of money which aren't calculated by the actual harm and costs the plaintiff has incurred. Instead, these "punitive damages," as they are called, are meant to punish and deter wrongdoing.

Courts in Ogden, Utah do not grant punitive damages in most cases. The civil litigation system is geared against granting financial windfalls to civil plaintiffs. But, there are rare cases, where the defendant has done something to the plaintiff that is so morally reprehensible, that society's interest in punishing the defendant and deterring similar misconduct outweighs the civil justice system's preference against punitive damages.

Conduct that can give rise to punitive damages in Ogden, Utah

Personal injury litigation doesn't usually carry with it the possibility of punitive damages in Ogden, Utah, because mostly personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in Ogden, Utah.

In Ogden, Utah, punitive damages are only awarded in extreme circumstances. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Ogden, Utah will consider many different factors. Usually, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's important to note that in Ogden, Utah, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In Ogden, Utah, punitive damage awards are typically (but not always) capped at 10 times the amount awarded in compensatory damages. Remember, however, that this is just a general rule of thumb, and is not completely rigid. In Utah, appeals courts have a good deal of discretion in deciding if a punitive damage award is valid or invalid. Much larger awards have been upheld, and smaller awards have been overturned. The validity of a particular punitive damage award will depend heavily on the facts of each case.

How Can a Ogden, Utah Attorney Help?

In Ogden, Utah, there are a virtually unlimited number of situtations in which punitive damages can be awarded.

If you are involved in a case in Ogden, Utah that you believe might entitle you to punitive damages, a lot of money could be at stake. So, if you want to pursue your legal remedies, you should see an Ogden, Utah civil litigation attorney as soon as possible.

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Life in Ogden

Ogden is located in Weber County, Utah. It has a population of 82,825 people per the 2010 census. It is one of Utah's most important cities and in 2010, Forbes Magazine voted Ogden the sixth best place for families to settle in.

Ogden is known for its beautiful history and historic attractions. Such attractions include Bigelow-Ben Lomond Hotel, DaVinci Academy of Science and the Arts, Historic 25th Street, Eccles Avenue Historic District, Jefferson Avenue Historic District, the Junction, Peery's Egyptial Theater, Union Station, Snowbasic and Treehouse Children's Museum. As is obvious, Ogden is a great place for families to visit; there is something for everyone!

The legal force is also present in Ogden via various small firms and law offices run by competent attorneys practicing in any and every legal area of practice. Therefore, Ogden residents do not have to travel far to take care of their legal needs.

Some famous people who have called Ogden home include Hal Ashby, Val A. Browning, Wataru Misaka, Gedde Watanabe, Tanoka Beard, Byron Scott, Colby Bockwoldt, and Brent Scowcroft.

Overall, Ogden is a wonderful place for people to visit and families to call home!

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